Kama Of Kingstone

Suppose we use OverNight Express USPS mail ... I was wondering
when i can send the package ?

If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??

My company applied for 3 year extention after 6th year and was approved in 2 weeks under premium processing.

Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.

The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

So the answer is, it depends.

4- Are I-140 and I-485 still being filed concurrently?

Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

Hope this helps!

Thanks! And no, I have not gotten my green card, not even close!!

However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

Thanks! Hope all will do it.

Hi, I want to go from h1 to h4 to h1 all within 1 year, plus I have a US Master's degree . Please let me know if this is possible without falling under the H1B cap.

I appreciate your help. Thanks.

IndiaXYZ,
Hi! I am contemplating doing something similar and have read on multiple forums that it won't be subject to the cap if you have been counted once in the past 6 years. Do you/anyone happen to know the aprroximate processing time for an H1B-H4 change of status application? Thanks in advance.

So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.


There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...

Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.

H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.

A real life example of libel lawsuit:
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996

Also, a minor correction to the answer on whether all have to wait for 5 years after GC to get naturalized...the only exceptions are military personnel *and* those who married US Citizens (marriage based GC's) - these categories have to wait only 3 years

I was eligible for EB-2 but as company wouldn't file any case in EB-2.

My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.

Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?

http://www.change.gov/

what case are you talking about ... is it H1 or 485?

-RR

I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.

What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...

Simple Answer is NO

*If 140 premium processing reinstated in the near future, at least 3-4 weeks before your H1B expires.


It is difficult to obatain approved vacation from my employer.
Apartment from leaving the country and recapturing, are there any alternatives.

Please advice

I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

That scenario is OK if your total salary is not an issue for you.

For you Employer paying to you $4500 Plus $500( reimbursable) is much better
cause he will pay company taxes only on that $4500 and not on $500.

There could be other ways to resolve this problem. Depends on your employer
willingness.

Thanks MC thats a valid Point.

There are 2 reasons that I thought of for not applying / renewing.

1) I'm not planning on going anywhere after / atleast for a year.

2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

Appreciate your time.

Regards
Karthik

If I were you, I would still renew the AP and keep it handy as your PD is still a couple of years away before becoming current. There will be no issues with a new AP pending as long as you have an approved AP in hand for the travel.

: b : u : m : p :

Please fill the gaps...

I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.

Thanks eadguru

I did it in STAPLES almost the same,

Will keep posted with new updates...

databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.

its so weird, Oh USCIS have mercy on us. go IV

Thank you very much for your help and all the info. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.

HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

Fittan